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CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Trade Marks

An unopposed application by Nilgiri Teas for registration of a mark is refused by the Registrar, and Nilgiri Teas appeals to the High Court. Under section 98, what is the Registrar's position?

The Registrar has the right to appear and be heard. Section 98(1)(b) gives this right in appeals from orders on unopposed applications that are refused or accepted subject to amendments, modifications, conditions or limitations, without needing the appellant's consent.

  1. AThe Registrar has a right to appear and be heard in the appealCorrect
  2. BThe Registrar is barred from appearing in any appeal
  3. CThe Registrar may appear only if the appellant consents
  4. DThe Registrar may appear only after the Central Government notifies the case

Explanation

Section 98(1)(b)(i) gives the Registrar the right to appear and be heard in an appeal from an order on an unopposed application that is refused or accepted subject to amendments, conditions or limitations. No consent from the appellant is needed.

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